Sunday, March 1, 2015

Justice

"'Justice' is nothing other than the advantage of the stronger."

by Derek Gilna

This quotation, attributed to the ancient Greek philosopher Plato, neatly sums up the challenge of those seeking "Justice" in the American judicial system. The "stronger" will not voluntarily, or willingly, give up their advantage without a fight, and a prolonged one at that. If you are not in it for the long haul, you are generally better off not starting the process. You need a friend, an advocate.
Understand that many appointed criminal defense attorneys and many public defenders, are not your friends in this process. They are at best indifferent to your circumstances, and not committed to your welfare. They don't read your documents, talk to your witnesses, or insist on full discovery Beaten down by the process, they often just go through the motions. You need someone to reexamine your case, get the facts, and see what can be done. There are options.
Then there is the system itself. If you are aged, infirm, or ill, a stretch in the BOP can easily become a death sentence. Once again, you need someone to advocate for your interests, to ensure you leave prison in better health than when you entered it. This is also not an easy process. You need someone who is familiar with the process.
Remember, the courts are not unsympathetic to prisoners and their plights, and are increasingly showing a willingness to enforce constitutional protections for prisoners and give them an honest hearing when the facts of the case so dictate. Federal judges have lifetime appointments and many go out of their way to show their independence of the federal government, and if necessary, put prosecutors in their place. You need your facts presented in a concise and persuasive manner, by someone familiar with the system, and who can marshal those facts and wield them so that the advantage lies with you.

Derek Gilna, 113 McHenry, #173, Buffalo Grove, Ill 60089.
dgilna1948@yahoo.com
(847) 878-0160
derekgilna.blogspot.com